Individual task 1
Instruction
1. This task will be used as part of your continuous assessments
2. Marks allocated for this task is 20%
3. The discussion (answer) must be made between 3 to 5 pages, excluding front pages
(and other related contents) and references
4. All answer must be written in the format as below:
a. Font : Arial
b. Size : 11
c. Spacing : 1.5
d. Alignment : Justify
e. Format : PDF
5. Kindly include these information on the front page of the submission:
a. Name
b. Student I/D number
c. Subject : ALM20703 – Law of Carriage
d. Semester : February 2024/2025
6. The usage of AI (artificial intelligence) for the purpose of completing the task is
STRICTLY PROHIBITED. If you are caught using AI to complete the task, your
submission will not be remarked, as it is not your work. As for the mark, you will
receive 0.
7. You must check the index of similarities for your work prior to submission. Only
submission of lesser than 25% for similarities index will be accepted. Please check the
similarity index using TurnItIn with this information of enrollment:
a. Class ID : 48735846
b. Password : lawumk
8. Kindly download the “Current view” file and used it for submission purpose.
9. Submission must be made through E-Learning platform, under the flag of “Individual
Task” before or on 26 May 2025.
10. Kindly use the format below as the title of your file for the purpose of submission
“Student id (Your Name)”. Example: A17A0000 (Shamsudin Ali)
Question
Midnight State Pte. Ltd., a local express bus company, is a holder of public service vehicle
license. They operate bus services from Kuala Lumpur, Malaysia to various places up north of
the country. After operating for more than 10 years, for 2024, their business is not doing very
well. Jacko and Andre, the owners, decided that it’s about time for the company to rethink
about the northern routes that they had been focusing on for quite some time. Due to lack of
confidence of the company to the services ability to generate profit for the company, they
neglect the application for license renewal for their services from Kuala Lumpur to a few
destinations up north of Malaysia. Their license should expired on 31st December 2024.
One of their last bus trip was scheduled from Kangar, Perlis headed to Kuala Lumpur. It was
scheduled to depart at 3 p.m. and should arrived at Kuala Lumpur at 11 p.m. later that day.
During the journey, a few road lanes were closed due to constructions, resulting in delays
over the journey. Ben, the bus driver, told the company that the trip might be delayed due to
the road closure and the new estimate time of arrival is 12.30 a.m. and accordingly, at the
time of arrival, their operational license is already expired. The company told Ben to drive a
little bit faster than usual and try to make it to Kuala Lumpur before midnight. Ben follows
the order and he drove faster than the limit when the road is clear.
As the clock approaching midnight, Ben drove the bus even faster, as he is afraid that he will
be caught driving the vehicle with expired operating license. Suddenly, one of the tyres of the
bus blow off. As the result, the bus rollover to its right causing severe injuries to most of
passengers. Unfortunately, one of the passengers, Lan, passed away due to high impact to his
head because of the accident.
During the investigation, based on the available evidence, it was determined that the accident
happened at 12.02 midnight on 1st January 2025. It was also discovered that the bus was
travelling at the speed of 120km/h at the time when the accident happened. Even though
suffering from severe injuries, Ben survive the accident. When he was interrogated by the
authorities, he stated that he had done nothing wrong, except following the instructions of
his employer. Mat and Siti, Lan’s parents, want to take legal action on Midnight State Pte. Ltd.
over the death of their son. By taking into consideration statutory duties of a licensor, discuss
whether Midnight Start Pte. Ltd. could be held liable for the accident?